[EL] controversies over government support of initiatives/referenda/bonds/levies/etc.

[Bill Sherman]

I'm doing some research into occasions when governments (especially
municipal governments) get into trouble for improperly promoting or opposing
ballot measures.  I could use some help.

 

Every jurisdiction bars the use of government resources for non-public
purposes, including the support or opposition to political campaigns.  But
there are two situations where governments can easily run afoul of this
prohibition:  First, where the government provides information on the likely
effects of the measure, in certain contexts or with a certain tone, the
information can be seen as improper advocacy.  And second, where the measure
was put on the ballot by the government itself (such as a city council
advancing a municipal tax levy), the benefiting agency may attempt to
persuade the legislature (e.g., city council) to put the measure on the
ballot, but then must stop spending government resources on advocacy once
there is a political campaign.

 

Here in Seattle, we on the city's Ethics and Elections Commission deadlocked
over complaints about the public library's distribution of information about
a recent tax levy, and I'm guessing that this issue will arise frequently in
the future.  This situation creates an interesting environment for both
intra-government advocacy and grassroots lobbying, and I'm interested to
hear how it plays out in various jurisdictions.

 

If you're aware of a similar conflict in your jurisdiction, would you please
email me about it?

 

Much appreciated,


Bill Sherman

shermanb at seattleu.edu

 

 

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